Abstract: The relationship between the EU Charter of Fundamental Rights and the European Convention on Human Rights has grown out of two parallel projects of European integration with considerable differences not limited to their respective geographical range. In light of the upcoming accession of the EU to the ECHR, this backdrop is key to understanding current and future challenges. The general thrust of the link forged by the Articles 52 para 3 and 53 of the Charter is, while by no means free from scholarly debate as to its exact scope and meaning, relatively clear. Still, complications can arise in multipolar human rights relationships. Moreover, the relationship is ultimately shaped by a complex relationship of interdependent actors of the two overlapping legal areas, including (but not limited to) the triangle formed by the Strasbourg, the Luxembourg and the domestic constitutional courts.
The EU Charter of Fundamental Rights and the ECHR: Questions of interrelation
AbhandlungenStephan G. Hinghofer-Szalkay11This is the paper version of a talk given at the Conference “The European Human Rights System beyond Europe" on Friday, 12 September 2014, at Wirtschaftsuniversität Wien, organized by the Vienna Journal on International Constitutional Law, the Center of Asian Legal Exchange (CALE), the Nagoya University and the Japanese Research Group on the Case Law of the European Court of Human Rights.JRP 2015, 67 Heft 1 v. 1.1.2015
